HomeMy WebLinkAbout10-20-09
MINUTES
OCOEE CITY COMMISSION
October 20,2009, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Bishop Sauser, Church of Jesus Christ of Latter Day Saints gave the
invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Wilsen.
City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENT A TIONS AND PROCLAMATIONS
Presentations
Years of Service Resolution From Florida League of Cities - John Ligon, Florida League of
Cities presented Mayor Vandergrift and Commissioner Johnson with framed resolution from the
Florida League of Cities Annual Service Awards honoring them for over twenty years of elected
service to the City of Ocoee and commending them for unselfish commitment to municipal
leadership and governance.
Proclamations
>> Florida Government Week
>> National Family Week - November 220d - November 28th
>> Red Ribbon Week
>> United Nations Day - October 24th
Presentation - October is Breast Cancer Awareness Month - Firefighter James Kelly
announced the kickoff of the Fire Department's Relay for Life team this month; he gave t-shirts
to the City Manager and Commission.
Commissioner Hood asked Lt. Kelly to talk about the Ocoee Fire Department competing in the
National Combat Challenge. Mr. Kelly said they made it through the local qualifying round in
Kissimmee and they will now compete in Las Vegas on November 15,2009.
Commissioner Hood. seconded by Commissioner Keller moved to support the
team by aivina them $1000 from the continaency fund to help with lodaina.
Motion carried 5-0.
I C. COMMENTS FROM CITIZENSIPUBLIC
None
City Commission Regular
October 20, 2009
I D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced the following:
1) No emergency items tonight.
2) Item 7 has been pulled by staff indefinitely, at the consent of the applicant.
3) The City Clerk prepared a Charter Review Commission time line to assist with deliberating
Item #13.
4) The CRA is seeking input from citizens at a community meeting on November 4,2009 from
6-8 p.m. at the community center. For more information call 407-905-3157.
5) The Haunted House will take place again this year at 951 Ocoee Apopka Road; cost is $1.00
per person and we are asking everyone to bring a non perishable food item to be donated to
the Christian Service Center in Ocoee. It will be held Thursday, October 29,20097-10 p.m.
and Friday October 30,20097-11 p.m.
6) Movies in the Park at Bill Breeze Park, Saturday, October 24, 2009 at 6:30 p.m. and the
movie will be Ghostbusters. Bring your own lawn chair and blanket.
Mayor Vandergrift asked how soon Silver Star will be completed. Public Works Director
Krug said they should be done this week and they are putting in a hybrid St. Augustine that is
drought and pest tolerant. The next area will be Clarke Road between White and Silver Star with
a similar treatment.
I E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller 1) said the Ocoee High School is having Motown Gold with music from
the sixties through the eighties on October 29 and 30, 2009 at 7:00 pm 2) Theater Department is
having "Murder at Cafe Noir" on November 19-21,2009.3) thanked everyone for a tremendous
job on Founders' Day, a good time was had by all.
Commissioner Johnson - none
Commissioner Wilsen- thanked Commissioner Johnson and Mark Johnson from Parks and
Recreation and all staff and Founders' Day Committee volunteers that were involved in
Founders' Day event. Everyone had a great time.
Commissioner Hood- 1) echoed that Founders' Day was a great event this year and thanked
everyone who helped make that happen. 2) told viewers to turn off their television (watch the
rebroadcast later) and go out and support the Pop Warner Bulldogs teams in the playoffs; Senior
Midgets and Junior Midgets are in the first round of the playoffs. 3) said Ocoee High School
Football defeated Wekiva last week; they are 6-1 this season and need to win 2 out of their next
three games to be in the playoffs, 4) announced the Ocoee Lions Club Turkey Shoot this
weekend 5) added to the Haunted House event brought up earlier by the City Manager; he said
the house is by the West Orange Girls' Club and it will be Thursday and Friday this year,
encouraged people to come out, and noted what a great turn out they had last year 6) said he saw
the Mock DUI event at the high school this year put on by the Police and Fire Departments in
cooperation with Orange County and Winter Garden. Ocoee High School hosted the Leadership
conference with over 1000 students from 15 states. He said he would like to see the Mock DUI
event done again at the end of the year for the senior class as it was done last year 7) also
thanked everyone for a very successful Founders' Day and thanked Mr. Marbais for the great car
show.
Page 2 of 14
City Commission Regular
October 20, 2009
Mayor Vandergrift - 1) discussed a teleconference call that staff had this afternoon with the
CDC in Washington with regard to the HINl Virus (Swine Flu). He stated that one of the
startling facts is that 25% of people deaths from this flu are people under 25. He informed that
there is a website available to answer questions about the flu and availability of the flu shot at
www.flu.gov. 2) said the symphony is taking place at Ocoee High School Auditorium on
February 20, 2010. Tickets will be $10/adults $5/children. The Symphony Committee has
raised $4,000 of the $10,000 needed to have the event and they are looking for sponsors. 3) the
school conference was a great, energetic event; schools from all over the county were all at
Ocoee High School.
I F. CONSENT AGENDA
1. Approval and Acceptance of the Regular City Commission Minutes of October 6, 2009.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 5-0.
2. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve two-year terms. Currently, the Human Relations
Diversity Board has five (5) members and their resolution allows no less than seven (7) members and no more
than fifteen (15) members. One application was received from Ms. Jennifer Hopkins with an interest in serving
on the board.
Approved on Consent. Motion carried 5-0.
3. Approval of Piggybacking on Pembroke Pines' Contract for Bulk Sodium
Hypochlorite. (Utilities Director Smith)
The City has been procuring chlorine from Odyssey Manufacturing, in which Odyssey has extended their
contract conditions (piggybacking) from their current awarded contract with the City of Pembroke Pines, and
staffwou]d like to continue these terms until January 20, 2010. It is the department's plan to bid the purchase
of chlorine and bring the award for City Commission approval to the January] 9, 2010, Commission meeting.
Odyssey's contractual price with Pembroke Pines is $.795 per gallon and the total cost for the chlorine through
January 20, 20]0, should not exceed $36,000.
Approved on Consent. Motion carried 5-0.
4. Approval of Replacement of SCADA System and PLC for Wastewater Treatment
Plant. (Utilities Director Smith)
The City of Ocoee Wastewater Plant's treatment process and associated unit operation was significantly
upgraded in ] 993 to the 1. Kruger Inc. patented method, during the reconstruction of the wastewater plant. At
that time, both the PLC (Programmable Logic Controller) and SCADA (Supervisory Control and Data
Acquisition) computer were placed in service by KrUger. Staff is recommending the replacement of both the
PLC and SCADA computers.
Approved on Consent. Motion carried 5-0.
Page 3 of 14
City Commission Regular
October 20, 2009
5. Approval to Amend the Pioneer Key I Rehabilitation Project Design Contract with
Inwood Engineering, Inc., to Include Design of a Replacement Water Distribution
System for the Additional Fee of $22,102.20. (City Engineer Wheeler)
The original project scope included reconstructing the sanitary sewer system, improving stormwater facilities,
reconstructing roads and sidewalks, and rebuilding Lift Station 22 at a new location. The project scope was
recently amended to include replacement of the water distribution system within Pioneer Key I and
interconnecting that system with a new water main running through the development from Ocoee-Apopka Road
to Lakewood A venue. The scope change, to include water system reconstruction, has been endorsed by Orange
County and requires additional engineering design work.
The City has a continuing contract for engineering design services with the firm of Inwood Engineering, Inc.
Work under this contract is authorized by purchase order following the specification of a scope of work by the
City and negotiation of a price proposal. A task work order was authorized by the City Commission in the
amount of $95, 101.05 for the design services required by the original scope of work and a purchase order was
issued to authorize the work. In response to the City's request for the scope of work to be expanded to include
the water distribution system, Inwood Engineering has provided a supplemental proposal in the amount of
$22,102.20.
Approved on Consent. Motion carried 5-0.
6. Approval of Warranty Deed Conveying the Pine Street Parcel to the St. Johns River
Water Management District, as Required by the Terms of a Memorandum of
Agreement Executed by the City on February 7, 2007. (Located Outside the City
Limits.) (City Engineer Wheeler)
Under the terms of the Memorandum of Agreement between the City of Ocoee and SJR WMD entered into for
the purposes of buying the property and constructing the stormwater treatment facility, the City is to deed the
property to SJRWMD if construction had not begun by July 1,2009. SJRWMD notified the City on August 7,
2009, of its intent to implement this provision in the Memorandum of Agreement and has asked the City to
execute the required Warranty Deed to convey title to the property to SJRWMD.
Approved on Consent. Motion carried 5-0.
I G. PUBLIC HEARINGS
7. FIX Scenery & Display, Inc. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on
September 27, 2009). CONTINUED FROM THE OCTOBER 6TH COMMISSION MEETING. (Senior
Planner Howell)
The subject property is approximately 20.89 acres in size and is located on the west side of the intersection of
Lakewood A venue and Laurel Ridge A venue. The Preliminary/Final Subdivision/Site Plan proposes the
construction of a light industrial subdivision that wilI contain an addition to the existing FX building, flex space
units, and office space.
a. Preliminary/Final Subdivision Plan
b. Preliminary/Final Site Plan
Item pulled by staff, at the consent of the applicant, to an undetermined time in the future.
Page 4 of 14
City Commission Regular
October 20, 2009
8. DCA Wekiva Settlement Agreement. (Advertised for Public Hearing in Orlando Sentinel Orange
Extra on October 11, 2009). (principal Planner Rumer)
On January 16, 2007, the City adopted Ordinance 2007-002 approving amendments to the text of the City of
Ocoee Comprehensive Plan, incorporating the requirements of the Wekiva Study Area requirements pursuant
to Chapter 163, Part II, Florida Statutes. On March 9, 2007, the Department of Community Affairs (DCA)
issued a Notice of Intent (N0l) to find the amendments "not in compliance" with the requirements of Chapter
163, Part II, Florida Statutes.
Specifically, DCA found the amendments did not address the requirements of the Wekiva Parkway and
Protection Act regarding the master stormwater management plan, water supply facility plan and land use
strategies to optimize open space and promote a pattern of development that protects the most effective
recharge areas, karst features, and sensitive natural habitats.
Development Services Director Shadrix said this is the culmination of several years of work
and after negotiation with the Florida Department of Community Affairs (DCA) they have
reached a settlement that both parties agree addresses all of their concerns. He gave some
history the Wekiva Study area and stated that all local governments are required adopt
Comprehensive Plan Amendments that resulted in meeting parameters of the We kiva Parkway
and Protection Act. In 2007, the FDCA issued a Notice of Intent to find our amendments not in
compliance. Since that time we have negotiated in three primary areas 1) Open Space
Requirements 2) Wekiva Parkway and Protection Act Master Stormwater Plan, and 3) Karst
Features, Rare and Imported Habitat, and Recharge areas. He stated that he and Principal
Planner Rumor went to Tallahassee to negotiate directly with DCA. They drafted a policy to
address DCA concerns 1) 35% open space requirement, 2) include the CRA in the open space
requirement, 3) adding new exhibit to show implement the intent of the Master Stormwater
Management Plan including a table of Capital Improvements and a strategy for how we will
complete those projects.
Principal Planner Rumor distributed a new policy had to be added under the Capital
Improvements element that was not in the agenda packet. Mr. Shadrix read the policy into the
record:
Policy 1.0 The City will complete the annual update of the Capital Improvements Element by
March 2010 as required by the stipulated settlement agreement and continue to update the
schedule annually by December F1, pursuant to Section 163.3177(3) FS
Mr. Shadrix explained that there are other things related to this item that are affected by our
Comp Plan. This is one of four items that will be coming before you. The Capital Improvements
Element will be overhauled by March 2010. We will have to come back and adopt the
amendments as part of the Comp Plan. He stated that this has relatively low impact to the city, it
has a lot of progressive new policies in it that we needed to be thinking about anyway, and it will
avoid the need for an administrative hearing with DCA.
Mayor Vandergrift opened the Public Hearing.
R. P. Monacky, 1820 Prairie Lake Blvd., asked how this will affect the requirement of
residential septic tanks needing to be replaced. Mr. Shadrix said it is possible that will occur
under a separate legislative decision, but you are safe for right now because it is not addressed in
these current proposed amendments to the comprehensive plan. Mr. Monacky said he feels the
City should fight them to prove that Ocoee is not affecting the Wekiva area.
The Public Hearing was closed.
Page 5 of 14
City Commission Regular
October 20,2009
Commissioner Keller. seconded by Commissioner Johnson. moved to approve
the DCA Wekiva Settlement Aareement as recommended by staff. Motion carried
5-0.
Development Services Director Shadrix thanked Utilities Director Smith for assisting to write
the policies and thanked Principal Planner Rumor for his excellent work. City Manager Frank
added thanks to Mr. Shadrix and all that were involved in getting this accomplished.
I H. SECOND READING OF ORDINANCES - PUBLIC HEARINGS
9. Second Reading of Ordinance Amending the Education Incentive Program, Section
13.14 of the Personnel Rules and Regulations Manual. (Advertised for Public Hearing in
Orlando Sentinel Legal Classified on October 11,2009). (Human Resources Director Carnicella)
Staff respectfully recommends the Commission approve the revisions of Section 13. I 4 of the Personnel Rules
and Regulations for the Education Incentive Program as foIlows: Employees must work with the HR staff to
purchase books and reseIl them in the most cost effective way (Le. renting books) and to require an employee
who either fails to attend the class, fmish the course, and/or receives a grade below a C, repay the entire
reimbursement within four pay periods. The employee will be required to agree to the above before being
considered eligible for the incentive.
City Attorney Rosenthal read the title of the Ordinance.
Human Resources Director Jim Carnicella explained the matter to the commission. The
Mayor asked what would happen if the City required an employee to change jobs within the
City, and the employee was then not able to complete the job. City Manager Frank replied that
this would be something that could be brought to the committee. Mayor Vandergrift further
asked if there was an appeal process. Director Carnicella answered affirmatively and that
seldom do such matters crop up. He continued that it is the intention of the committee to give the
employee the benefit of the doubt. Mayor Vandergrift opened the public hearing. There being
no one asking to speak, the Mayor closed the hearing.
Commissioner Hood. with a second by Commissioner Keller. moved to approve
Ordinance No. 2009-029 amendina the Education Incentive Proaram. Section
13.14 of the Personnel Rules and Reaulations Manual per staff recommendations.
Motion 5-0.
The Ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-029
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING ORDINANCE
2005-017 AND SUBSEQUENT AMENDMENTS BY AMENDING "EXHIBIT A,"
PERSONNEL RULES AND REGULATIONS, MORE SPECIFICALLY SECTION
13.14 EDUCATION INCENTIVE PROGRAM, AND ADOPTING AND APPROVING
THE REVISED CITY OF OCOEE PERSONNEL RULES AND REGULATIONS;
PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
Page 6 of 14
City Commission Regular
October 20, 2009
lO. Second Reading of Ordinance Amending Sections 7-2A, 7-4A, 7-5A, 7-6A of Part IA of
Article VII of Chapter 180 Relating to the Federal Emergency Management Agency's
National Flood Insurance Program Requirements. (Advertised for Public Hearing in Orlando
Sentinel Orange Extra on October 8,2009). (Building Official Washington)
The city was notified by the Federal Emergency Management Agency (FEMA) Deputy Assistant Administrator
for Mitigation, of the need to review our current floodplain ordinance for compliance with Code 44 of Federal
Regulations Section 60.3(d) of the National Flood Insurance Program (NFIP). Non-compliance with this
regulation results in loss of participation in the NFIP. The F]oodplain ordinance was presented to the Planning
and Zoning Commission at their October 13th meeting. The Planning and Zoning Commission recommended
approval by the Mayor and City Commission.
City Attorney Rosenthal read the title of the ordinance.
Development Services Director Shadrix thanked Building Official Washington for great job on
the structural changes in the Building Department. The department now has a more customer
friendly environment and he has received a lot of compliments lately on those changes.
Building Official Washington briefly explained that the corrections that needed to be made to
the ordinance were due to sharp review that was done this year. Changes were made in the
definitions and sentence structure, and without passing this ordinance the city will not be eligible
for flood insurance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Mayor Vandergrift inquired if this ordinance would affect the height of future structures being
built in the City. Building Official Washington stated that it will affect the floor elevation of
the finished floor. This ordinance will not affect the structural height of the building.
Mayor Vandergrift stated that he feels the city is becoming sophisticated enough that they
should allow a 10-story building and feels that the City Commission should be able to allow
those changes. He further inquired if those changes would be coming before the Commission
any time soon. Development Services Director Shadrix stated that has become a very
important feature and top of discussion. The overlays that they have begun discussion about at
the last CRA Board are going to be focusing heavily on creating an urban environment. He is
counting on a lot of support because it is a smart way to grow. Development Services Director
Shadrix further added that there is a renewed focus on multi-modal transportation which is
perfect opportunity for them to create an area that is more urban in density with more urban
designs. About 20 years later than needed, but it is coming.
Commissioner Wilsen. seconded by Mayor Vanderarift. after second readina
moved to adopt Ordinance No. 2009-028. Amendina Sections 7 -2A. 7 -4A. 7 -5A. 7-
6A of Part IA of Article VII of Chapter 180 Relatina to the Federal Emeraency
Manaaement Aaency's National Flood Insurance Proaram Reauirements. Motion
carried 5-0.
Page 7 of 14
City Commission Regular
October 20, 2009
The Ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-028
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CERTAIN
PROVISIONS OF THE OCOEE LAND DEVELOPMENT CODE; AMENDING
SECTIONS 7-2A, 7-4A, 7-5A, AND 7-6A OF PART IA OF ARTICLE VII OF CHAPTER
180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE IN ORDER TO
COMPLY WITH THE REQUIREMENTS OF THE FEDERAL EMERGENCY
MANAGEMENT AGENCY'S NATIONAL FLOOD INSURANCE PROGRAM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
AN EFFECTIVE DATE.
11. Woomer Property. (Advertisedfor Public Hearing in Orlando Sentinel Legal Classified on October 8,
2009). (principal Planner Rumer)
The subject property is located on the West side of ]ST Street, Approximately 445 feet South of the Intersection
of I ST Street and Silver Star Road. The proposed annexation is a logical extension of the City limits, urban
services can be provided, and the annexation meets state and local regulations. The land use and initial zoning
are also consistent and compatible with surrounding properties.
a. Annexation
City Attorney Rosenthal read the title of the ordinance.
Mike Rumer, Principal Planner, explained that the Crane Property and the Woomer Property
are neighbors and he would combine both presentations into one. He said they both had issues
with their well and needed emergency water from the City. They are annexing in to receive
potable water service, which is now available to them, and are to be rezoned to the residential
zoning classification of the surrounding area, which is RIA.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Hood, seconded by Commissioner Wilsen, after second readina
moved to adopt the Woomer Property Annexation Ordinance No. 2009-022.
Motion carried 4-0, with Commissioner Johnson away from the dais.
The Ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-022
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 1.24 ACRES, LOCATED ON THE WEST SIDE OF 1ST
STREET, APPROXIMATELY 445 FEET SOUTH OF THE INTERSECTION OF 1ST STREET
AND SILVER STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER, FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
Page 8 of 14
City Commission Regular
October 20, 2009
b. Rezoning
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Wilsen. seconded by Commissioner Keller. after second readina
moved to adopt the Woomer Property Rezonina Ordinance No. 2009-023. Motion
carried 4-0, with Commissioner Johnson away from the dais.
The Ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-023
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY R-l, "LOW DENSITY RESIDENTIAL" TO
OCOEE R-IA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 1.24 ACRES, LOCATED ON THE WEST SIDE OF 1ST
STREET, APPROXIMATELY 445 FEET SOUTH OF THE INTERSECTION OF 1ST STREET
AND SILVER STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER, FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
12. Crane Property. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on October 8,
2009). (principal Planner Rumer)
The subject property is located on the West side of 1sT Street, Approximately 585 feet South of the Intersection
of I ST Street and Silver Star Road. The proposed annexation is a logical extension of the City limits, urban
services can be provided, and the annexation meets state and local regulations. The land use and initial zoning
are also consistent and compatible with surrounding properties.
a. Annexation
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Wilsen. seconded by Commissioner Keller. after second readina
moved to adopt the Crane Property Annexation Ordinance No. 2009-024. Motion
carried 4-0, with Commissioner Johnson away from the dais.
The Ordinance as adopted on second reading carries the following title:
Page 9 of 14
City Commission Regular
October 20, 2009
ORDINANCE NO. 2009-024
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORA TE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 0.30 ACRES, LOCATED ON THE WEST
SIDE OF 1ST STREET, APPROXIMATELY 585 FEET SOUTH OF THE INTERSECTION
OF 1sT STREET AND SILVER STAR ROAD; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER, FINDING SAID ANNEXATION TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY
CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING
DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
b. Rezoning
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Wilsen. seconded by Commissioner Keller. after second readina
moved to adopt the Crane Property Rezonina Ordinance No. 2009-025. Motion
carried 4-0. with Commissioner Johnson away from the dais.
The Ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2009-025
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY R-l, "LOW DENSITY RESIDENTIAL" TO
OCOEE R-IA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 0.30 ACRES, LOCATED ON THE WEST SIDE OF 1ST
STREET, APPROXIMATELY 585 FEET SOUTH OF THE INTERSECTION OF 1ST
STREET AND SILVER STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER, FINDING SUCH ZONING TO BE CONSISTENT WITH
THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
Page 10 of 14
City Commission Regular
October 20, 2009
I I. REGULAR AGENDA
13. Charter Review Commission Recommendations. CONTINUED FROM THE OCTOBER 6TH
COMMISSION MEETING. (City Clerk Eikenberry)
Pursuant to Section C-60 of the City of Ocoee City Charter, a Charter Review Commission shaIl be appointed
no less than once every ten years and shall submit a report to the City Commission. Section C-62 states "Within
two (2) months of the receipt of any such report, the City Commission shall accept or reject the
recommendations contained therein, or the City Commission may send such report back to the Charter Review
Commission for further study and consideration. Any proposed Charter amendments accepted by the City
Commission shaIl be adopted by ordinance and submitted to the electors of the city for consideration no later
than the next general municipal election or at a special election caIled by the City Commission for such
purposes."
On December 2,2008, this report was presented to the Commission. At the request of the Mayor, review of this
report was delayed waiting for an Attorney General Opinion and the Report was reconsidered on April 21,
2009. At that time, the Commission asked the Charter Review Commission to reconsider certain items
pertaining to expanding the number of districts and staff residency requirements. The Charter Review
Commission held a joint meeting with the City Commission on July 27, 2009, and considered fmal
recommendations for Charter changes at a meeting of the Board on August 26, 2009. City Attorney Rosenthal
has incorporated those changes into the attached redlined copy of the Charter. AdditionaIly, staff recommends
that the list of proposed Charter revisions include changes to Section C-36, as detailed in Attachment 2, to more
accurately reflect the manner in which the City's Capital Improvement Plan is presented to the City
Commission as part of the annual budget process.
City Attorney Rosenthal stated the report shows all of the changes recommended by the
Charter Review Commission from their original report and those made after reconsideration
by the Charter Review Commission after the Joint Session. He added that the City Clerk put
a summary list of all of the substantial changes to the Charter that occurred in their original
report and after they were asked to reconsider certain items. There is additionally a staff
recommendation for a Charter Amendment which is a clean up item that came up while staff
was working on the Wekiva item. He stated that he, Board Chair Jean Grafton, and City
Clerk Beth Eikenberry are here to answer any questions that you might have. He said there
are many recommendations contained in the report; the Commission may accept them or
reject a specific recommendation, or send items back for reconsideration.
Commissioner Wilsen seconded by Commissioner Keller moved to reject the
recommendation for Section C25(c) of the Charter Review Commission's
Report reaardina residency reQuirements for the Assistant City Manaaer,
Police Chief. Fire Chief and all department directors. Motion carried 4-1, with
Commission Johnson opposed.
Mayor Vanderarift. seconded by Commissioner Keller, moved to reject the
recommendation for amendments to Section C21 of the Charter Review
Commission's Report reaardina residency reQuirements for the City Manaaer
Motion carried 5-0.
Mavor Vanderarift. seconded by Commissioner Johnson moved to reject the
recommendations of Charter Review Commission's Report with respect to C-
72 Election of Mayor and with respect C-73 to increasina the size of the city
commission. Motion carried 5-0.
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City Commission Regular
October 20, 2009
Mayor Vandergrift- 1) asked for a consensus from the commission with regard to a complaint
from resident of Forest Oaks, Lindsey Asay. Mr. Asay lives on Rich Drive where the Road is
closed at Hackney Prairie Road on the proposed school property. The consensus of the
Commission was to support the response that Commissioner Keller aave to Mr.
Asay that there is areat need for the school to be built there and the road will
Iikelv be opened aaain once that occurs; a response should be sent to the
resident.
2) thanked the Charter Review Commission for their diligent work on the Charter revisions.
I ADJOURNMENT
The meeting adjourned at 10:18
Attest:
APPROVED:
City of Ocoee
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